Murder charge for man after severe beating: R v AA

Murder charges

AA was charged with murder pursuant to section 18 of the Crimes Act.  The case against AA was that he and four others took part in a beating after which the victim died.

The Crown relied on the accused having a common purpose with his co-accused to murder or at least seriously injure the victim (cause him grievous bodily harm). As a result of the attack by those present with the accused, the victim died.

AA maintained that he never struck the deceased and the evidence generally established that to be the case. Importantly also in relation to his intent and what he knew about what others intended to do, he  maintained that he did not know that others with whom he was with would seriously hurt the deceased.

Not Guilty of murder

NSW Supreme Court where jury trials for serious charges such as murder happen
Supreme Court of NSW where some jury trials are held. Source: The Herald

After a lengthy Supreme Court hearing involving more than 40 witnesses and spanning several weeks, the jury returned a verdict of not guilty to murder. They also found AA not guilty of manslaughter. 

Consequently, AA was released from custody.

Testimonial from AA on his verdict and release

“… I feel like my life has been given back to me. Prison routine was killing me. Before the verdict, I was numb – all the time up to the trial, every day with court, I tried to prepare my self for the worse case, but i couldn’t…. I am so glad I got you to do the trial. Everything went perfectly, those talks we had in the cells each morning, I knew what to expect and our strategy… Pete, it was like magic! Your expertise set me free.” [From lengthy letter written by AA after the acquittal]

If prosecutors charge you with murder, contact us immediately. Our principal solicitor is one of Australia’s leading criminal defence lawyers.


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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